Former South African President Jacob Zuma sits in the High Court in Pietermaritzburg – Photo by Jerome Delay / POOL / AFP
NPA, News24 pledge support as Zuma drags Downer and Maughan to court
The NPA and News24 said their employees would continue to work on Jacob Zuma’s cases despite the private prosecution.
Former South African President Jacob Zuma sits in the High Court in Pietermaritzburg – Photo by Jerome Delay / POOL / AFP
State prosecutor Billy Downer and legal journalist Karyn Maughan were served criminal summons on Tuesday, 5 September, as former president Jacob Zuma forges ahead with his private prosecution of the pair.
ZUMA PRIVATE PROSECUTION GATHERS STEAM
The charges relate to the alleged contravention of section 41(6) of the National Prosecuting Authority (NPA) Act, which prohibits the disclosure of certain information.
Zuma alleges that Downer leaked “confidential medical information” to Maughan, who is a News24 journalist, without “the requisite permission of the National Director of Public Prosecutions (NDPP).”
“…the conduct of the two accused persons constitutes a serious criminal offence which carries a maximum sentence of 15 years imprisonment,” said the former president’s foundation in a statement on Tuesday.
Zuma’s foundation said a third alleged accomplice is named in the list of 23 witnesses that will be called for the prosecution.
STATE EXPECTS ATTACKS ON PROSECUTORS TO INTENSIFY
Zuma took matters into his own hands after the NPA refused to prosecute Downer and issued a nolle prosequi certificate in June 2022. The certificate was legally required before private prosecution could be brought against Downer.
“The NPA and its leadership fully support Adv Downer as we believe that these charges are without merit. They are only designed to intimidate him in the prosecution of Mr Zuma, and to further delay the trial. The private prosecution amounts to abuse of process,” said the NPA.
The State said Downer will continue to lead the prosecution team against Zuma in the ‘Arms Deal’ trial despite the former president’s best efforts to have him removed.
Maughan, who is accused number two in the matter, spoke about her pending prosecution during a panel discussion at the Open Book Festival in Cape Town on Saturday, 4 September.
She said Zuma’s lawyers told her about the looming criminal summons last week – something they promised to do in the past but News24 and Maughan did not think they would follow through with. The publication will fight the matter.
“The worst thing is I just know when this breaks on Monday – or whenever it is – it’s just going to be the usual constant barrage of like a Facebook photo of me with an alcohol bottle from like 2012 or something,” said Maughan. She routinely receives abuse online, which was one of the topics discussed by the panel.
Like the NPA, News24 views the private prosecution as an intimidation tactic. The publication’s editor-in-chief, Adriaan Basson, said there is nothing wrong with being given access to court documents, which are “inherently public documents.”
“Maughan was just doing her job and threatening her with private prosecution is a blatant and cynical attack on media freedom in this country. Maughan will continue to report on Mr Zuma’s criminal cases and we will defend her to the hilt,” said Basson.
Downer and Maughan are expected to appear in the Pietermaritzburg Magistrate’s Court on 10 October.
The NPA said it expects attacks against prosecutors to intensify as State Capture cases are brought before the nation’s courts.
“Prosecutors need to act without fear or favour as they deliver on their constitutional mandate to ensure accountability for crime in our country. The people of our country, all victims of state capture, expect nothing less of members of the National Prosecuting Authority.”
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